Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.400 · Source: Florida Legislature
Understanding Jury Deliberation in Florida
In Florida criminal trials, jury deliberation begins immediately after the judge instructs the jury on the applicable laws and the alternate jurors are dismissed. The selected jurors retreat to a private room where they select a foreperson to lead the discussions. Under Florida Rule of Criminal Procedure 3.400, jurors may request to take certain materials into the deliberation room, including written jury instructions, physical evidence admitted during the trial, and their own trial notes. They may also ask the court to play back specific audio or video evidence, or request that the court reporter read back portions of witness testimony.
To secure a conviction or an acquittal in a Florida criminal case, the jury's verdict must be completely unanimous, whether the panel consists of six jurors for standard offenses or twelve jurors for capital cases. If the jury reaches an impasse and cannot agree on a verdict, the judge may read a specific instruction known as the "Allen charge" (or "deadlocked jury charge"), urging them to continue deliberating and attempt to reach a consensus. If they remain hopelessly deadlocked, the judge must declare a mistrial, allowing the state the option to retry the defendant with a new jury.
How Deliberation Impacts Bail and Release
Once jury deliberation begins, a defendant's pretrial release status is highly vulnerable. Under Florida law, the trial judge possesses broad discretion to revoke a defendant's bail and commit them to custody once the trial commences or when deliberations begin, to ensure the defendant remains present for the reading of the verdict. If the jury reaches a guilty verdict, any existing bail is immediately revoked, and the defendant is taken into custody to await sentencing. Conversely, if the jury deliberates and returns a verdict of not guilty, the defendant is immediately discharged from custody, and any posted bail bond is formally exonerated.